74% of BC Businesses Are Pulling Back Investment

Recently the Business Council of B.C. released a new survey that made many media headlines. The survey revealed that “almost 74 per cent of B.C. businesses plan to decrease investment due to uncertainty over the Declaration on the Rights of Indigenous Peoples Act – known as DRIPA in B.C.” 

These business leaders cite increased time, cost, complexity or uncertainty in permitting caused by the court rulings, policy flips and changing landscape around DRIPA.  

Even worse, as many as one-third said they plan to reduce hiring. 

This of course is a serious problem. 

Much of this concern and uncertainty stems from what is referred to as the “Cowichan Ruling” where a BC Judge found that over 1,800 acres of fee simple titles held by the City of Richmond, Canada, and the Vancouver Fraser Port Authority are now potentially invalid and ineffective with aboriginal title being declared on these properties. 

At this point, the full impact on private landowners has been a matter of debate with various legal experts providing conflicting viewpoints on this. 

For people who have worked hard, followed all the rules, paid their taxes, and have their life savings on the line in their homes this is a very alarming situation and one that has been raised with me locally by area residents. 

One reason for this concern is because the Federal Liberal government, in responding to this legal case, issued Litigation Directive 14 to crown lawyers. 

Litigation directive 14 limited the argument that crown lawyers could make to defend fee simple property rights in B.C. and Prime Minister Carney has so far not explained why Litigation Directive 14 was issued. 

The federal government has decided to appeal the Cowichan ruling. 

As the official Conservative opposition, we have serious concerns that the rights of fee simple property owners is being ignored by the federal government. As a result, the Conservative opposition recently table a non-partisan motion in the House of Commons.  

A brief summary of this motion is as follows: 

(a) call on the government to put private property first in the Cowichan case, arguing that it has priority over all other title; 

(b) call on the government to replace Litigation Guideline #14 from the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples that prevented the federal government from defending property rights in the Cowichan case, with a guideline that requires the federal government to aggressively defend property rights in all litigation; 

(c) call on the government to make no agreement without explicit property protection so that fee simple property rights are enshrined in all future agreements with First Nations; 

(d) call on the government to publish a plan within 30 days to protect property rights for Canadians affected by the Cowichan decision and Musqueam agreement – from the Prime Minister and with specific commitments and timelines; and 

(e) appoint a special committee with the mandate to study all legal, constitutional and political steps that can be taken to protect private property rights in Canada. 

To the surprise of many, only Conservative MPs supported this motion. It was defeated when both Liberal and NDP MPs voted against it.  

The Liberals Crown-Indigenous Relations Minister has stated that; “We recognize the Cowichan decision has caused uncertainty and anxiety,” and that “Canadians deserve to feel secure in their homes and investments.” 

Unfortunately, the Liberals voted against a non-partisan opposition proposal to take action on this issue which means this uncertainty and potential economic harm remains.  My question this week. Are you concerned about the impacts of the Cowichan Ruling? 

Your feedback helps me do my job. You are always welcome to share your thoughts on my Facebook page, by email at Dan.Albas@parl.gc.ca , or by calling toll‑free at 1‑800‑665‑8711.